PRINTER'S NO. 904
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
916
Session of
2023
INTRODUCED BY SHUSTERMAN, PROBST, HILL-EVANS, SANCHEZ AND GREEN,
APRIL 17, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 17, 2023
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled
"An act relating to dogs, regulating the keeping of dogs;
providing for the licensing of dogs and kennels; providing
for the protection of dogs and the detention and destruction
of dogs in certain cases; regulating the sale and
transportation of dogs; declaring dogs to be personal
property and the subject of theft; providing for the
abandonment of animals; providing for the assessment of
damages done to animals; providing for payment of damages by
the Commonwealth in certain cases and the liability of the
owner or keeper of dogs for such damages; imposing powers and
duties on certain State and local officers and employees;
providing penalties; and creating a Dog Law Restricted
Account," in short title and definitions, further providing
for definitions; and, in dangerous dogs, further providing
for court proceedings, certificate of registration and
disposition and for requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, is amended by adding a
definition to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
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meanings given to them in this section:
* * *
"Unprovoked." Action by a dog that includes biting,
attacking or forcibly coming into unwanted physical contact with
a person or domestic animal that is acting peaceably and
lawfully.
* * *
Section 2. Sections 502-A(a) and 503-A(b) of the act are
amended to read:
Section 502-A. Court proceedings, certificate of registration
and disposition.
(a) Summary offense of harboring a dangerous dog.--Any
person who has been attacked by one or more dogs, or anyone on
behalf of the person, a person whose domestic animal, dog or cat
has been killed or injured without provocation, the State dog
warden or the local police officer may file a complaint before a
magisterial district judge, charging the owner or keeper of the
a dog with harboring a dangerous dog. The owner or keeper of the
dog shall be guilty of the summary offense of harboring a
dangerous dog if the magisterial district judge finds beyond a
reasonable doubt that the following elements of the offense have
been proven:
(1) The dog has done any of the following unprovoked:
(i) [Inflicted severe injury on] Attacked a human
being [without provocation] on public or private
property[.] not owned, controlled or used with permission
by the owner of the dog.
(i.1) Inflicted severe injury on a human being on
private property owned, controlled or used with
permission by the owner of the dog.
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(ii) Killed or inflicted severe injury on a domestic
animal, dog or cat [without provocation while off the
owner's property] while on public or private property not
owned, controlled or used with permission by the owner of
the dog.
(ii.1) Attacked a domestic animal, dog or cat,
whether or not an injury occurred, and the dog has a
history of attacking human beings or domestic animals,
dogs or cats unprovoked.
[(iii) Attacked a human being without provocation.]
(iv) Been used in the commission of a crime.
[(2) The dog has either or both of the following:
(i) A history of attacking human beings and/or
domestic animals, dogs or cats without provocation.
(ii) A propensity to attack human beings and/or
domestic animals, dogs or cats without provocation. A
propensity to attack may be proven by a single incident
of the conduct described in paragraph (1)(i), (ii), (iii)
or (iv).]
(3) The defendant is the owner or keeper of the dog.
* * *
Section 503-A. Requirements.
* * *
(b) Registration fee.--The registration fee for a dangerous
dog certificate shall be [$500] $1,000 per calendar year for the
life of the dog plus an additional amount set by the department
as may be necessary to cover the costs of issuing this
registration and enforcing this section. This registration fee
shall be in addition to any other fees collectable under this
act and shall be credited to the Dog Law Restricted Account for
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the purpose of administering and enforcing this act.
* * *
Section 3. This act shall take effect in 60 days.
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